Settlement FAQs

We are pleased to announce that a proposed settlement has been reached in the Anthem data breach litigation. The litigation concerns a data breach that Anthem announced in February 2015, in which a hacker gained unauthorized access to the personal information of 78.8 million people. The case was heavily litigated. Anthem and the other defendants produced almost 4 million pages of documents, all of which had to be reviewed. Attorneys for plaintiffs took 80 depositions. In turn, Anthem deposed 106 named plaintiffs and hired forensic examiners to inspect 29 plaintiffs’ computers. The proposed settlement between the plaintiffs and Anthem would set up a $115 million settlement fund and require Anthem to enhance its cybersecurity.

  • Why is it a “proposed” settlement?

    When parties in class action lawsuits reach a settlement, the judge overseeing the case must review and approve the settlement before it becomes final.  Here, the parties proposed the settlement to the judge overseeing the case, the Honorable Lucy H. Koh, and she must grant approval before it can take effect.

    Step one is for Judge Koh to decide whether to grant preliminary approval of the proposed settlement. Judge Koh granted preliminary approval on August 25, 2017.   Notices will now be sent to settlement class members that explain their options in connection with the settlement, including sharing their views about the settlement, and filing claims to obtain credit monitoring services and/or cash.

    Step two comes after Judge Koh reviews all the settlement class members’ positive comments or objections. Taking settlement class members’ views into account, along with other information, Judge Koh will decide whether to make the settlement final, which is called final approval.

  • What happens next?

    KCC, the Settlement Administrator, will mail  Class Notice to all Settlement Class Members for whom Anthem has current addresses on or before October 30, 2017, and will also publish the notice.  That notice will explain Class Members’ options in connection with the settlement, including the opportunity to file a claim for Credit Monitoring Services or Out-of-Pocket expenses.  If you believe that you are a settlement class member, but have not received Notice by mid-November, please check this website again..

    The Court held a hearing on Plaintiffs’ Motion for Final Approval of the Settlement on February 1, 2018. The Court requested additional information, appointed a special master, and set another hearing for April 9, 2018. The parties expect that the Court will rule on Plaintiffs’ Motion for Final Approval of the Settlement on or around April 9, 2018. No settlement benefits, including Credit Services, Alternative Compensation, or Fraud Resolution Services, will be available until after the Effective Date. If the Court approves the settlement on April 9, and there is no appeal, then the earliest possible Effective Date is May 9, 2018. Please check back after May 9, 2018 to determine whether the Effective Date has occurred.

  • Where can I find the settlement agreement?

    You can find the settlement agreement, the amendment to the settlement agreement, and other important information about the case and the settlement, at the following link: https://anthemdatabreachlitigation.girardgibbs.com/documents/.

  • What are the terms of the proposed settlement agreement?

    A $115 million settlement fund will be established to pay claims for: (1) a minimum of two years of triple bureau credit monitoring and identity theft protection; (2) cash instead of credit monitoring for those who can show they already have a credit monitoring service that will cover them for the next year; (3) reimbursement of out-of-pocket costs traceable to the data breach.  In addition, the settlement fund will pay for fraud resolution services for any class members who accesses it during the pendency of the settlement, costs of notice and administration of the settlement, attorneys’ fees, and service awards to the named plaintiffs.

    Under the terms of the settlement, Anthem will also enhance its information security practices to help protect the personal information stored on its databases from another cyberattack. This will include archiving databases with strict access controls and monitoring requirements, strengthening various data security controls, encrypting certain information, and guaranteeing a specified level of funding for Anthem’s information security.

  • Am I included in the proposed settlement?

    You are a member of the proposed settlement class if:

    • You received a notice from Anthem concerning the Data Breach that was announced in February 2015; or
    • Your personal information was taken during the Data Breach, and is included in Anthem’s Member Impact Database.

    However, some people (and companies) are excluded from the settlement class, including:

    • The companies sued in this litigation and any entity in which they have a controlling interest.
    • The officers, directors, and lawyers of those companies.
    • Any judge presiding over this lawsuit and the members of their immediate families and judicial staff; and
    • Any individual who timely and validly opts-out from the settlement.

    Individuals will be able to verify whether they are settlement class members once the settlement administrator has sent out notice on or around October 30, 2017.  If you have not received a notice informing you that you are a settlement class member by mid-November, please check this website, which will direct you to the settlement administrator’s contact information to verify class member status.

  • What do I need to do now?

    Notice of the proposed settlement will be formally publicized and individual notices will be sent to settlement class members by October 30, 2017.

    If you think you are a member of the proposed settlement class you should hold on to any documents relating to losses or expenses that you incurred that you believe are related to the Anthem data breach. The settlement may require documentation of certain claims for reimbursement.

    You should check this website regularly for updates about the status of the proposed settlement. You are not guaranteed to get an individual notice. If Anthem does not have your current address, for example, you might not get notice.   If you have not received an individual notice by mid-November, check this website for further instructions on how to contact the settlement administrator to find out whether you are a settlement class member.